The IPA has today, 20 March, responded to the Government’s report on Copyright and Artificial Intelligence, following its consultation early last year.
While disappointed that the government still needs more time, the IPA agrees with the proposal to shelve the government’s original preferred option of a broader data mining exception for copyright.
“There is no doubt that the AI/copyright conundrum is a tricky one, and it is no surprise – though it is disappointing – to find that the saga continues after over a year has gone by since the government’s consultation. By leaning towards AI developers with its original preference for an extension to the text and data mining copyright exception, the government was always going to be on the receiving end of a creative sector backlash. It has, at least, shelved that idea. The obvious question is: “what next?”.
“Agencies should take note of the report’s comments on issues most likely to affect advertising, such as AI content labelling and digital replicas, in particular the potential for the introduction of a new personality right to protect performers. However, much is still up in the air.
“For those interested in the details on the law on copyright, it does look as though we might see the removal of the protection given to wholly Computer Generated Works (CGW) under the Copyright Act. That protection was introduced in 1988, way before anyone could have envisaged how technology would change, and it is an oddity.
“Meanwhile, the government says it will gather further evidence on alternative approaches and will consider their potential effects on right holders, AI developers and users of AI systems, including on individuals and SMEs. We continue to watch this space.”
The IPA has provided further detail on the findings to its members.
View the Government consultation on Copyright and AI and report of its findings together with an impact assessment.